Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Qantas Airways Limited v Lustig [2015] FCA 253 Citation: Qantas Airways Limited v Lustig [2015] FCA 253
Parties: QANTAS AIRWAYS LIMITED (ACN 009 661 901) v PETER LUSTIG, GIUSEPPE DE SIMONE and VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL
File number: NSD 1542 of 2013
Judge: PERRY J
Date of judgment: 25 March 2015
Catchwords: CONSTITUTIONAL LAW - Where claims instituted in the Victorian Civil and Administrative Tribunal (VCAT) under the Fair Trading Act 1999 (Vic) - Where challenge to jurisdiction of VCAT – Whether VCAT exercises judicial power in original jurisdiction – Whether VCAT is a "court of a State" within s 77(iii) of the Constitution – Where federal judicial power cannot be vested in VCAT – Whether provisions of State law conferring jurisdiction on VCAT should be read down – Whether the matter falls within federal jurisdiction - Where defence relies upon Part IV, Civil Aviation (Carriers' Liability) Act 1959 (Cth) –Whether VCAT erred in considering the validity of the defence in determining whether it has jurisdiction - Whether defence is colourable PRACTICE AND PROCEDURE - Whether matter should be remitted to VCAT - Whether VCAT has power to refer the matter to the Victorian Supreme Court under s 77(1) of the Victorian Civil and Administrative Tribunal Act 1998 (Vic) where it has no jurisdiction over the matter
Legislation: Civil Aviation (Carriers' Liability) Act 1959 (Cth) Part IIIC: s 25L, Part IV: ss 27, 34, 36 Civil Aviation Act 1988 (Cth) Commonwealth Places (Application of Laws) Act 1970 (Cth) ss 3, 4 Constitution ss 72, 75, 76, 77(iii) Crimes (Aviation) Act 1991 (Cth) Fair Trading Act 1999 (Vic) ss 3, 43, 107, 108, 111, 112 Federal Magistrates Act 1999 (Cth) s 39 Interpretation of Legislation Act 1984 (Vic) s 6 Judiciary Act 1903 (Cth) ss 39, 78A Trade Practices Act 1974 (Cth) Victorian Civil and Administrative Tribunal Act 1998 (Vic) ss 3, 8, 9, 10, 11, 12, 13, 14, 16, 16A, 23, 24, 42, 43, 51, 77, 97, 98, 121, 122, 123, 124, 142, 143 Additional Protocol No. 4 to Amend Convention for the Unification of Certain Rules Relating to International Carriage By Air, open for signature at Montreal on 25 September 1975 (Montreal Protocol No. 4) Convention for the Unification of Certain Rules Relating to International Carriage by Air, open for Signature at Warsaw on 12 October 1929 (Warsaw Convention)
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